Dog issues and the HOA

    • Gold Top Dog

    Dog issues and the HOA

    So in my new building we have been having some issues with one of the new owners. He owns a small studio and has a BIG lap, probably about 100 pounds. This dog is ALWAYS locked out on his balcony. The balcony is small and packed with his dirty clothes hamper, a crate and some old blankets. IN addition, he is seen regularly letting his dog swim in the association pool. I just actually caught him this morning when I was doing my laundry with his dog swimming in the pool again. He gave me this "oh no she saw me look". His dog is always running around off leash at nite, he doesn't walk it, just lets it run on the property. Now we have strict rules, no dog over 45 pounds, no being off leash anywhere on the property, no crap on the balcony. We have complained, he has been fined but he still is doing all this. One of my neighbors called animal control. They came out and said there was nothing they could do since the dog "looked" healthy. How would you deal with this situation? This is a nice new building and on top of his balcony being an eyesore and not wanting to swim in a pool where his dog is swimming, I actually think it's cruel to keep him out there all day.
    • Gold Top Dog

    It all depends on state statutes and local law, but ultimately the important document that will be the authority on what the Association can do is the Covenants and Restrictions document that *should* be recorded in the public record. (at least they are here in Florida)

    If you don't have your copy (you should have gotten one when you closed on your house/condo/villa if you own it) and it is recorded, if you go to your County's website, often you can actually access documents like that in PDF format and print them out. 

    If not you might have to go TO the county offices and copy them (laborious and usually expensive), but it's probably the starting point.  In other words, it's probably not a state law that it's illegal for him to be in the pool, but I'd bet it IS a violation of the Cov & Restrictions.

    • Gold Top Dog
    It says specifically in the HOA regulations book thing no dogs in the pool area, doesn't specifically say in the pool, but says in the pool area. It also specifically says no dogs off leash on HOA property. Our HOA company person said it's a DHS violation to have a dog in a public pool. Don't know if that's true, but clearly an issue this small in the grand scheme of things that go on in Los angeles won't get much attention. I hope we all don't have to deal with this guy and never get anything changed. There also are all kinds of rules in regards to what you can place on your balcony. I usually don't get bothered by this sort of stuff, but now that I OWN my place I'm more interested in keeping the property nice and such. Plus when the dog runs around it makes otto and oliver go nuts because he sits on my portch and throws toys. I've asked him a few times to go elsewhere but he keeps coming back.
    • Gold Top Dog

    To add more heat to the broth ... if you *don't* do anything then that lends credibility to the other guys defense of "no one ever really did anything about it so i thot it was ok".  And I've seen idiots like this successfully defend themselves despite rules and regulations IF no one makes them toe the line.

    Such are the things that make "normal" people become active in their associations (and it can be a thankless job).  But as I said in the email, just nag everyone to copy, copy, copy .. keep notes and records.  If you speak to someone at the city or county write down whom they spoke to, what time/date, etc.  And any communication that goes to this guy needs to be documented -- OVERLY so.  You don't *just* send it certified because they won't bother to go get it.  You send it (and mark the original, deliverable copy) "via U.S. Regular Mail, and Certified Mail/RRR" -- it's overkill but that and the postal receipt gives you 'proof'. 

    That proof need never lead to 'suit' BUT if he thinks your association is organized enough to keep track of the paper and do it legally, he may be less inclined to diss it. 

    AND someone like that makes your association dues higher -- because next year's dues have to factor in how much it COST to bring pressure to bear on this guy **as well as** the increased cost of pool maintenance to repair the filter abused by doghair. 

    And heaven help you if the dog bites someone.

    People like that tend to be singularly selfish, and he ought to be thinking of his property values and preserving his rights as a dog owner or he'll get everyone's 'rights' curtailed.

    • Gold Top Dog

    What about getting a signed petition from your neighbors to the effect of "you're annoying us, please stop"? You could send it certified mail and still have it be an informal complaint - just the neighbors speaking their mind - and then he'd have no "I didn't know it bothered anyone" kinds of excuses.